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HomeMy WebLinkAboutresolution.council.136-00 RESOLUTION NO. (SERIES OF 2000) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING AN EXTENSION TO THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CIT~ OF ASPEN AND SHAW CONSTRUCTION, LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID EXTENSION TO THE AGREEMENT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council an extension m the professional service agreement between the City of Aspen, Colorado and Shaw Construction, LLC, a copy of which is annexed hereto and part thereof. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that an Extension to the Professional Service Agreemem between the City of Aspen, Colorado, and Shaw Construction, LLC, regarding the Trusco~ project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said Extension to the Agreement on behalf of the City of Aspen. Dated: ~ ~-~> ,2000. 1 E. Richards, Mator I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resoluti~ adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~~_.49 ~ ~ ,2000. thryn S.J~Sch, (2ity Clerk CONSTRUCTION AGREEMENT (Cost of Work Plus a Fee with Negotiated Guaranteed Maxim um Price) THIS AGREEMENT, made and entered this 24th day of October, 2000, by and between the City of Aspen, Colorado, a home rule municipality, herein after referred to as "the City" or "Owner" and Shaw Consumction LLC, herein after referred to as the "Contractor." The Project Title is: Truscott The Architect is: Various, with DHM being the primary contact Ilae Owner and Contractor agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS 1.i The Contract Documems consist of this Agreement, General Conditions of the Contract (General Supplementary and other Conditions), Drawings, Specifications. Addenda issued prior to. execution of this Agreement; these form the Contract. and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration 0fthe Contract Documents, other than Modifications, appears ~n Article 16. If anything in the other Contract Documents is ~nconsistent with this Agreement, this Agreement shall govern. ARTICLE 2 THE WORK OF THIS CONTRACT 2.1 The Contractor shall fully execute the Work described in the Contract Documems, except to the extem specifically indicated in the Contract Documems to be the responsibility of others. See Exhibit A, Scope of Work. ...ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner m cooperate with the Amhitect and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish -efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and manner consistent with the Owner's interests. The Owner agrees to furnish m a timely manner, information required by the Contractor and to make Page: 1 C payments to the Contractor in accordance with the reqmrements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANIAL COMPLETION 4.1 The date of Commencement of the Work shall be the date of this Agreement unless a different date is stated in a Notice to Proceed issued by the Owner. 4.2 The Contract Time shall be measured from the date of commencement. 4.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 21 days from the date of commencement, subject to adjustments of this Contract Time as provided in the Contract Documents. ARTICLE S BASIS FOR PAYMENT 5.1 CONTRACT SUM 5.1.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor's Fee. 5.1.2 The Contractor's Fee is: The Work will be performed for a fee of 3.75% on the total development costs which include labor, materials, subcontracted work and pursuant to Article 5, Article 7 and Article 14. Upon acceptance of final pricing by the Owner the fee will established as a Lump Stun amount sub. lect to adjustment only by Change Orders. For Changes in the work, in accordance with Article 10 of the General Conditions, initiated Owner, or Owner Consultants, which result in increases m the Guaranteed Maximum Price, the Contractor's Lump Sum Fixed Fee shall be at the rate of 3.75%. Deductive changes will be net cost without any reduction in Contractor's Fee. Upon final completion of the Work, if the actual sum of the Cost of the Work (including the Cost of the Work and the Contractor's Fee) is less than the Guaranteed Maximum Price (not including any amounts for allowances which shall be paid as actuals), the difference ("Savings") shall be allocated as follows: · 30% of the difference shall be paid to Contractor · The remainder of the difference shall be a reduction to the Guaranteed Maximum Price 5.2 GUARANTEED MAXIMUM PRICE 5.2.I The sum of the Cost of the Work and.the Contractor's Fee is guaranteed by the Contractor not to exceed seventy-six thousand, three hundred and fifty-five Dollars · 2576,355.00), subject to additions and deductions by Change Order as provided in the Documents. Such maximum sum is referred to in the Contract Documems as ~C7-001 .doc Page: 2 C the Guaranteed Maximum Price (GMP). Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the contractor without reimbursement by the Owner. 5.2.2 Unit prices, if any, are as follows: See Schedule A, Scope of Work 5.2.3 Allowances, if any, are as follows: See Schedule A, Scope of Work 5.2.4 Assumptions, if any, on which the Guaranteed Maximum Price is based, are as follows: See Schedule A, Scope of Work. 5.2.5 To the extent that the Drawings and Specifications are anticipated ro require further development by the Architect, the Contractor has provided in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, fmishes or equipment, all of which, if required, shall be incorporated by Change Order. ARTICLE 6 CHANGES IN THE WORK 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Article 11 of the General Conditions. ARTICLE 7 COSTS TO BE REIMBURSED 7.1 COST OF THE WORK The term Cost of the Work shall mean costs necessarily incurred by the contractor in the proper performance of the work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Workshall include the items set forth at Article 11.4 of the General Conditions and as set forth below. rate for performance and payment bond from Contractor shall be a :ost of the Work at the rate of 1.06% of the GMP. Page: 3 ~ 7.3 Contractor's expenses for Warranty Liability Reserve are reimbursable cost of the Work at a rate of 0.41% of the GMP. 7.4 Contractor's expenses for Umbrella and General Liability Insurance coverage applicable to this project are reimbursable costs of the Work at a rote of thirty-six hundredths ora percent (0.36%) of the GMR 7.5 Costs for drug testing and screening of workers directly employed by the Contractor per Contractor's Drug Screening Program and if required, workers directly employed by subcontractors. 7.5 Cost of Safety Awards and Jobsite Incentive Programs paid to Contractor's field supervisors and subconaactors on the Project. 7.6 Labor and Equipment Rates and Items established in Schedule I~ ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 The Cost of the Work shall not include items not set forth at Sections 11.4 of the General Conditions. 8.2 Items established in Schedule B ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1} before making the payment, the Contractor included them in an Application for Payment and received payment therefore from the Owner, or (2) the Owner has deposited funds with the Contractor with which ro make payments; otherwise, cash discounts shall accrue to the contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. 9.2 Amounts that accrue to the Owner in accordance with the provisions of Paragraph 9.1 shall be credited to the Owner as a deduction form the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTItlgR AGREEMENTS I0.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other agreaments with the. Contractor. Section 6.9 and 6.10 of the General ~ the terms and conditions relating to the use of subcontractors. Page: 4 © ARTICLE 11 ACCOUNTING RECORDS I 1.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract, and the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to, and shall be permitted to audit and copy, the Contractor's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Contract, and the Contractor shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. All information shall remain in Contractor's office. ll.2 Owner is encouraged to review Contractor's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to tNs project on a quarterly basis. ARTICLE 12 PAYMENTS 12.1 Progress Payments shall be made in accordance with Article 14 of the General Conditions. ARTICLE 13 FINAL PAYMENT 13.1 Final payments shall be made by the Owner ro the Contractor m accordance with Article 14 of the General Conditions. ARTICLE i4 MISCELLANEOUS PROVISIONS 14.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as mended or supplemented by other provisions of the Contract Documents. 14.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due O0 days after receipt of request, excluding disputed items) at a rate of 1% per month. . Contractor contingency is to cover unknown factors that may adversely affect bidding of subcontracts and major material supply items, estimating ~ ambiguities, construction scheduling problems, (manufacturer's delays, work area conflicts), weather, labor and equipment availability and Contractor contingency is to be used for cost overruns not the Owner or its agents. Page: 5 14.4 If either Owner or Contractor is required to commence an action of proceeding against the other in order to enforce the provisions of this Agreement, the prevailing party herein shall be entitled to recover all reasonable costs and expenses incurred in connection therewith, including reasonable attorney's fees. 14.5 Notwithstanding other provisions of this Agreement, claims or disputes will not be arbitrated. 14.6 The Owner's representative ~s: Name: Ed Sadler, Asset Manager Address: 130 S. Galena Aspen, CO 81611 14.7 The Contractor's representative is: Name: Clark Atkinson Address: 760 Horizon Drive, Grand Junction, Colorado 81506 14.8 Neither the Owner's nor the Contractor's representative shall be changed without ten days' written notice to the other party. ARTICLE 15 TERMINATION OR SUSPENSION 15.1 The Contract may be terminated by the Owner for cause as provided in Article 15 of the General Conditions; however, the amount, if any, to be paid to the Contractor under this Agreement shall not cause the Guaranteed Maximum Price to be exceeded. ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS 16. I The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 16.2 The Agreement is this executed Construction Agreement 16.3 The General Conditions are the City of Aspen General Conditions for Consl~uction Contracts. 16.4 Schedule A, Scope of Work All work to be done in accordance with the City of Aspen general contract conditions. [.doc Page: SPECIAL NOTE-ALL WORK DONE ON OR NEAR HIGHWAY 82 WILL BE DONE IN SUCH A WAY AS TO NOT IMPEDE TRAFFIC BETWEEN THE HOURS OF 7:00-9:00 AM and 3:30-6:00 PM Portions of Addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements are also enumerated in this Article 16. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one ro the Architect for use in the administration of the Contract, and the remainder to the Owner. Owner (Signature) Contractor (Signa~re'} - ~ ~ (Printed nar~e and title) [Printed name and title; SHAW SCHEDULE A October 16, 2000 Ed Sadler Asset Manager of Aspen 130 South Galena Street Aspen, CO 81611-1975 Dear Ed: We are aware that the majority of the Truscott Site/Utility work is be/ng postponed until ~pring 2001 However, we feel there are several areas that may not be possible/'or Spring work or could be more expensive to acconmplish during that period. Addit/oually, by construct/nE the Temporary Highway Lanes, the Temporary B/ko Path (/doug the highway), and moving some ofthe "saved" trees, we feel we could save substant/al star~-up/access time in our 2001 Coustrucfiou Schedule. Enclosed, we have presented the GMP Cost Est/mate for the proposed Fall 2000 Site/Access work at the Trusoutt Civfl/Site/Utfl/ty Improvements Project/n Aspen. The content of this packet w/Il confirm the assm,~u/Jous made in the attached Schematic Cost Est/mate. We have produced th/s estimate based on the drawings issued August 15, 2000 by DHM, Sopris, and Lofts, as well as information from meetings and telephone conversations. The purpose of this letter is to adv/se you of the assumptions made to arrive at this est/mate. SCHEDULE > This portion of the project is assumed To by October 24, 2000 with substamial completion of the Work in Early November. DESIGN DOCUMENTS Our price is in accordance with the following documents: I Workscope letter, ~ 2. Progress documents from DI-IM as follows: L-2, L-2. l, L-3.1 to L-3.5 (Demolition), L-3 I to L-3.3 (Tree Removal), L-4.1 to L-4.2 (Site Layout), and L-4. t to L4.4 (Proposed Landscape) dated August, 00. 3. Progress documents from Sopris Engineering as follows: Existing Conditions/ Drive * Grand Junction, CO 81506 nww.shawconst.com 4. Topographic Map (One Sheet at Scale: 1" = 60' and Two Sheets at Scale 1" = 40'), C-lA to C-1.3, C-2.1 to C-2.4, C-3.1 to C-3.2, C-4.1 to C4.5, C-5.1 to C-5.3, C-7.1 to C-7.4, C-8.1 to C-8.3, C-10.1 to C-10.4 dated August 14, 2000. 5. Progress documents bom Lofts Engineering as follows: Fifteen Preliminary. Drawings ('Not Numbered) dated August 14, 2000 and August 15, 2000. 6. Tree relocation Fax from DHM dated October 12, 2000. We have incorporated verbal discussions with your Team members as much as possible to reflect your vision for the work, and have defined these corresponding assumptions as much as possible in this letter. Where an allowance is noted, it includes both labor and materials. The following description blends the estimates into one comprehensive project. The following items are included: SlTEWORK · Earthwork and Grading associated with creating the Temporary Highway 82 Lanes and Temporary Bike Paths (at Highway 82). · Traffic control is included for this workscope, but not for adjacent work by others. · Temporary Fencing Circulation, Bike Paths, and Traffe control is included as required for pedestrian and public safety. · Gravel prep Class 6, 6" thick for Highway 82 and bike paths. · Layout Asphalt paving, including: 1. Hwy 82 temporary lanes (4800 square feet). 2. Temporary bike paths (3000 square feet). 4. Repairs caused by this scope of work ($2(500 Allowancwe). 5. Jersey Barriers (450 feet total) · Relocating Trees & Shrubs, including: 1. (1) - 6" and (1) - 5" Quaking Aspen Trees. 2. (1)- 6'; (1)- 4", and (3)- 2" Colorado Spruce Trees. 3. (1)-2'; (1)-6", and (1) - 20" Pine Trees. 4. Allowance of $1,000 to place/replace 1,000 sqf~. of sod. 5. Allowance of $2,000 for moving of relocated trees on togolf course (destination of trees not yet defined). · Material handling required to complete scope. ADDITIONAL ALI,OWANCES 1. Contractor Contingency of approximately $3,500 to be used by Contractor at Contractor's discretion for unknown factors that may adversely affect costs such as bidding of subcontracts, and major material items, estimating assumptions and ambiguities, construction scheduling,problems (manufacturer delays, strikes, disruptions, shortages, work area conflicts), weather, labor and equipment availability and productivity. In general, Contractor contingency is to be used for cost over hms not generated or initiated by Owner or its agents. 2. CDOT Right of Way Permit Allowance of $1,000. 3. Allowance of $5,000 to repair and/or replace irrigation systems damaged during tree relocation. GENERAL CONDITIONS · Project Supervision and Project Management · Tools and equipment rental and consumables for general construction. ADDITIONAL ASSUMPTIONS 1. A standard AIA contract format will be used between Contractor and Owner. 2. Performance & Payment Bond has been excluded by Shaw Construction. 3~ Worker parking will be available in vicinity to the project site. The Following Items are specip'_¢_n_!!F exch~_ded 1. Plan Review Fees, State or Federal Permits, or project exactions, development fees, fees owed to Aspen Sanitation District, Electric, Natural Gas, CATV or Phone companies. 2. Surveying of site to establish legal limits. 3. Unknown subsurface conditions. 4. Reproduction and mailing costs of drawings or specifications for bidding 5. Hazardous material abatement and testing 6. Builder's Risk Insurance We sincerely look forward to working with you in getting a head start on a very exciting project for the City of Aspen. Sincerely, SHAW CONSTRUCTION Project name $ite/U~lity. F~il 2O0O ¢fle~ CITY OF ASPEN A~chltect DHM Deign Engineer ~opri~ Engineenng Estimator ~(O~CRA ' Shaw*'ConstruC~on Company Standard Estimate Report Site/UtJllty,4=all 200_0 Page 2 ~ Desc~on Takeoff Qty Amount Amount Amount Name Amount 1000 GENERAL CONDITIONS GENERAL CONDrFIONS 7,400 200 0 ,2,000 SITEWORK Earthwork .... Temp Hwy 82 Class $ Base 2280 ~tl Comp~t. ?est. (By Owner) -- T~npHwy~2 Er~J~ing 1.00 ~ub -- A~,altNt~ng (Allowance) 1:00 18 3.000 3,000 ,esphalt Paving .., 2.500 2.600 ~ S~aw Construction Company Standard Estimate Report Site~UriC2000 Page 3 fO/f6/2~ St~WORK f,902 2,358 5f,220 .~, 00 WOOD & PLASTICS WOOD & PLASTiCS 420 32 0 452 fSO00 ALLOWANCES ~LLOWANCES 0 f,O00 8,SO0 ~,500 19000 INSURANCF-JPERMITS/MISC I ~u]lding Pemfit (By Owner) $ TM Fee (By Owner) INSURANCE/PERMITS/MI$C 0 0 0 0 'Shaw Conslruction Company Standard Estimate Report Page 4 Estimate Totals Total 76,355